건물인도
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) deliver the buildings listed in the separate sheet;
(b) 4,200,000;
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff is the owner of the building listed in the separate sheet (hereinafter “instant building”) among D, a building located in the C Condominium (hereinafter “instant commercial building”), and the Defendant leased the instant building from around 2012 to operate an entertainment tavern in the name of “E” at that place.
B. On April 25, 2017, the Plaintiff concluded a lease agreement with the Defendant to lease the instant building from April 29, 2017 to April 28, 2019, setting the lease deposit amounting to KRW 66 million (including value-added tax), KRW 500,000 per month, and the entertainment tax amounting to KRW 1.4 million per month.
C. After paying the lease deposit to the Plaintiff, the Defendant paid the rent from November 2018 ( October 29, 2018) to the part of October 2018 while running an entertainment tavern in the instant building. However, the Defendant did not pay the rent from November 2018 ( October 28, 2018).
Around November 9, 2018, the Defendant entered into a premium agreement with F to the effect that the Defendant transferred the right to all facilities in the instant building to F with F KRW 110 million for the premium, and received KRW 27 million for the down payment from F. From around that time, F operated entertainment tavern in the instant building along with the Defendant.
E. Around that time, the Defendant requested the Plaintiff to enter into a lease agreement with F, arranged by the Defendant, by notifying the Plaintiff that he would receive the premium from F, after operating the entertainment tavern “G” on the fourth floor of the instant commercial building.
F. F In relation to “G” entertainment bars (representativeJ) operated under the fourth floor H and I of the instant commercial building, for a long period of time, management expenses were overdue, and around November 1, 2018, the F was subject to measures of cutting electricity and water from the management office around November 1, 2018, and the J for 45 days from November 1, 2018 to December 15, 2018.